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Hong Kong Case Law

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Employment law [2021] HKCFI 22

AH FAT JEAN MAX v. XIAN CORP LTD

High Court appeal from the Labour Tribunal dismissed. The court upheld the findings on commission, housing allowance, and annual leave, and awarded costs to the respondent.

  • Commission payment
  • Contract interpretation
  • Variation of contract
  • Rectification
  • Estoppel/waiver
  • Housing allowance
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Family law TWAMA also known as WAMA v. T, DJ-PF

TWAMA also known as WAMA v. T, DJ-PF

The court varied an interim maintenance order, setting spousal maintenance at HK$25,000 monthly and child maintenance at HK$20,000 per child from 1 December 2013.

  • Maintenance pending suit
  • Interim maintenance
  • Calculation of maintenance
  • Housing allowance
  • Utility obligations
  • Maintenance-pending-suit
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Criminal law HKSAR v. CNT SECURITY CO LTD

HKSAR v. CNT SECURITY CO LTD

The High Court dismissed CNT Security’s magistracy appeal, holding that ‘housing allowance’ under the MPF scheme means genuine housing expenses, not a label to reduce contributions.

  • Mandatory provident fund
  • Housing allowance
  • Relevant income
  • Reasonable excuse defence
  • Penal construction
  • Abuse of process
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Family law CHENG CHUNG SHAN v. LI SIU MAN

CHENG CHUNG SHAN v. LI SIU MAN

The Court of Appeal granted conditional leave to appeal against a maintenance variation, finding arguable issues about self-induced hardship and the effect on legal aid charges.

  • Variation of maintenance
  • Leave to appeal
  • First charge by legal aid
  • Financial disclosure
  • Self-induced financial hardship
  • Mortgage financing
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Employment law ARCHER, HAROLD DEAN v. THE HONG KONG CHANNEL LTD.

ARCHER, HAROLD DEAN v. THE HONG KONG CHANNEL LTD.

Appeal from an employment dispute partly succeeded on annual leave. The court upheld findings on dismissal, bonus, housing allowance, and long service payment, but awarded HKD 9,230 for untaken leave.

  • Dismissal
  • Long service payment
  • Severance
  • Redundancy
  • Annual leave carryover
  • Contracting out
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Employment law ARCHER, HAROLD DEAN v. THE HONG KONG CHANNEL LTD.

ARCHER, HAROLD DEAN v. THE HONG KONG CHANNEL LTD.

An employment dispute over wages, bonuses, housing allowance, leave, and statutory payments. The court rejected most of the employee’s claims but allowed set-off and entered net judgment for him.

  • Unpaid wages
  • Severance pay
  • Long service payment
  • Redundancy
  • Bonus entitlement
  • Housing allowance
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Employment law NECKEL NILS v. DUAL VOLTAGE CO. LTD.

NECKEL NILS v. DUAL VOLTAGE CO. LTD.

The court held that a non-accountable housing allowance under an employment contract is wages and must be included in wages in lieu of notice.

  • Wages definition
  • Housing allowance
  • Remuneration
  • Benefit in kind
  • Wages in lieu of notice
  • Wages-definition
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.